Legal Opinion

Brounstein v. Sahlein

New York Supreme Court

Decided September 30, 1893Published

Appeal from a judgment entered in Onondaga county on the 14th March, 1891, upon a verdict at the Onondaga circuit in favor of plaintiff for $3,000; also from an order denying a motion on the minutes for a new trial. Action for malicious prosecution.

1Opinion of the CourtMerwin, J.

On or about December 4,. 1882, the defendants in this action brought an action in replevin against the plaintiff herein to recover the possession of goods to the amount of about fourteen hundred dollars, which had been a short time previous purchased by Brounstein of these defendants or their assignors, Levinson & Co. The purchases by Brounstein were on time that had not expired, and the theory of the replevin action was that the purchases were fraudulent, so that the defendants had a right to rescind the sale and recover the property itself. A portion of the property was taken from…

2Cases cited9 opinions

  1. Closson v. StaplesSupreme Court of Vermont · 1869
  2. Lawton v. . GreenNew York Court of Appeals · 1876
  3. Pangburn v. BullNew York Supreme Court · 1828
  4. Hazzard v. . FluryNew York Court of Appeals · 1890
  5. Burhans v. Sanford & BrownNew York Supreme Court · 1838

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